BETU Vs. STATE OF M.P.

JUDGEMENT

(1.) In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona Virus (COVID-19) and considering the advisories issued by the government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsel through video conferencing, following the norms of social distancing/physical distancing in letter and spirit.

(2.) Heard the learned counsel for the parties. The applicant has filed this first application u/S 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Badoni, District Datia in connection with Crime No.180/2020 registered in relation to the offences punishable under Sections 399, 400, 402 of IPC, Section 11/13 of MPDVPK Act and Section 25 (1) A of Arms Act.

(3.) It is submitted that the co-accused has already been enlarged on bail vide order dated 11.8.2020 passed in M.Cr.C. No. 26823/2020. The case of the present applicant is exactly identical to that of the co- accused. It is submitted that as far as the criminal history of the present applicant is concerned, as per the information given to him the applicant is having a criminal history of seven cases including the present case out of which he has already been acquitted in five cases. The order sheets of acquittal are being filed by the counsel for the applicant on 19.08.2020 vide ID No. 27923. It is submitted that as far as one case which is pending before the District Judge Datia being S.T. No.56/2019 with respect to Crime No.49/19 for the offence under Section 307 of IPC, it is argued that all the witnesses have turned hostile in the matter. It is submitted that the applicant is in custody since 22.07.2020 and prays for grant of bail. He is ready to abide by all the terms and conditions that may be imposed by this Court and has also shown his willingness to contribute an amount of Rs.10,000/- towards the PM Care Fund during this COVID- 2019 pandemic scenario.